| People v Johnson, Lamonte |
| Motion No: 2010-04568 |
| Slip Opinion No: 2013 NY Slip Op 68088(U) |
| Decided on March 21, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M153380
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2010-04568 The People, etc., respondent, v Lamonte Johnson, appellant. (Ind. No. 4319/86)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike the respondent's brief on an appeal from so much of an order of the Supreme Court, Kings County, dated March 26, 2010, issued pursuant to CPL 440.30(1-a), for failure to timely serve the brief and on the ground that it contains deliberate misstatements of material facts. Separate motion by the appellant to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion, inter alia, to strike the respondent's brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a reply brief and the papers filed in relation thereto, it is
ORDERED that the motion, inter alia, to strike the respondent's brief is denied; and it is further,
ORDERED that the motion to enlarge the time to serve and file a reply brief is granted, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.
SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court